Section 11-20-26 - Disposition of a request for variance or exemption(a) If the director determines that a request for a variance or exemption is inadequate or incomplete, the director may deny the request. If the director fails to act on a variance or exemption request within one hundred eighty days after the request is submitted, the request will be deemed to be granted.(b) If the director proposes to grant a variance or exemption request submitted pursuant to section 11-20-21 or 11-20-24, respectively, the director shall notify the applicant of the director's decision in writing. Such notice shall identify the variance or exemption, the facility covered, and shall specify, as appropriate, the period of time for which the variance will be effective or the termination date of the exemption. (1) For the type of variance specified in section 11-20-20(a) or for an exemption, such notice shall also provide that the variance or exemption will be terminated when the public water system comes into compliance with the applicable regulation, and may be terminated upon a finding by the director that the public water system has failed to comply with any requirements of a final schedule issued pursuant to section 11-20-28.(2) For the type of variance specified in section 11-20-20(b) such notice shall provide that the variance may be terminated at any time upon a finding that the nature of the raw water source is such that the specified treatment technique for which the variance was granted is necessary to protect the health of persons or upon a finding that the public water system has failed to comply with monitoring and other requirements prescribed by the director as a condition to the granting of the variance.(c) For a variance specified in section 11-20-20(a)(1) or an exemption, the director shall propose a schedule for: (1) Compliance (including increments of progress) by the public water system with each contaminant level requirement covered by the variance or each contaminant level and treatment technique covered by the exemption; and(2) Implementation by the public water system of such control measures as the director may require for each contaminant covered by the variance or exemption.(d) The proposed schedule for compliance shall contain such conditions as the director may prescribe and shall specify dates by which steps towards compliance are to be taken, including, where applicable: (1) Date by which arrangement for an alternative raw water source or improvement or existing raw water source will be completed;(2) Date of initiation of the connection of the alternative raw water source or improvement of the existing raw water source; and(3) Date by which final compliance is to be achieved.(e) The proposed schedule for compliance for a variance specified in section 11-20-20(a)(1) may, if the public water system has no access to an alternative raw water source, and can effect or anticipate no adequate improvement of the existing raw water source, specify an indefinite time period for compliance until a new and effective treatment technology is developed at which time a new compliance schedule shall be prescribed by the director. (f) The proposed schedule for implementation of interim control measures during the period of the variance shall specify interim treatment techniques, methods and equipment, and dates by which steps toward meeting the interim control measures are to be met.(g) The schedule shall be prescribed by the director within one year after the granting of the variance or exemption, subsequent to provision of opportunity for hearing pursuant to section 11-20-27.(h) The director may prescribe reasonable conditions as part of any variance or exemption. [Eff 12/26/81; comp 3/7/92; am and comp 1/2/93; am and comp 12/15/94; comp 10/13/97; comp 9/7/99; comp 11/30/02; comp 12/16/05; comp 11/28/11; comp MAY 02 2014 ] (Auth: HRS §§ 340E-2, 340E-9) (Imp: HRS §§ 340E-2, 340E-3, 340E-9; 42 U.S.C. §§ 300g-1, 300g-2, 300g-4, 300g-5; 40 C.F.R. Parts 141, 142, § 141.4, § 142.10, § 142.20 )